Common use of Failure to Deliver Certificates Clause in Contracts

Failure to Deliver Certificates. If, in the case of any Notice of Conversion, Holder’s or its designees’ account with DTC is not credited or such certificate or certificates are not delivered to or as directed by the applicable Holder by the Share Delivery Date (as the case may be), the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Note delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates issued to such Holder pursuant to the rescinded Conversion Notice.

Failure to Deliver Certificates. IfExcept in the case of a mandatory conversion in connection with Section 4(a)(ii), in the case of any a Notice of ConversionConversion is issued by the Holder to the Company, Holder’s or its designees’ account with DTC is not credited or and such certificate or certificates are not delivered to or as directed by the applicable Holder by the Share Delivery Date (as the case may be)Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Note delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.

Failure to Deliver Certificates. If, in the case of any Notice of Conversion, such credit to the Holder’s or its designees’ designee’s balance account with DTC is not credited or such certificate or certificates are not delivered to or as directed by the applicable Holder by the Share Delivery Date (as the case may be)Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such Notice of Conversion, ab initio, in which event the Company shall promptly return to the Holder any original Note delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.

Failure to Deliver Certificates. If, in the case of any Notice of Conversion, Holder’s or its designees’ account with DTC is not credited or such certificate or certificates are not delivered to or as directed by the applicable Holder by the Share Delivery Date (as due to the case may be)Company’s failure to instruct the Transfer Agent to issue the certificates on or before the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Note delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates issued to such Holder pursuant to the rescinded Conversion Notice.

Failure to Deliver Certificates. IfExcept in the case of a Mandatory Conversion, in the case of any a Notice of ConversionConversion is issued by the Holder to the Company, Holder’s or its designees’ account with DTC is not credited or and such certificate or certificates are not delivered to or as directed by the applicable Holder by the Share Delivery Date (as the case may be)Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Note delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.

Failure to Deliver Certificates. If, in the case of any Notice of Conversion, Holder’s or its designees’ account with DTC is not credited or such certificate or certificates are not delivered to or as directed by the applicable Holder by the Share Delivery Date (as due to the case may be)Company's failure to instruct the Transfer Agent to issue the certificates on or before the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Note delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates issued to such Holder pursuant to the rescinded Conversion Notice.